In October of this year, the Supreme Court of Canada announced that it would not hear the First Nations’ case on Social Assistance brought forth by the Assembly of Nova Scotia Mi’kmaq Chiefs, as well as Chiefs in New Brunswick and Prince Edward Island. The Chief Jesse Simon v. Attorney General of Canada case was a four-plus year fight for First Nations’ to stop Canada from proceeding with drastic cuts and changes to the Social Assistance Program on-reserve.

Recently our research team discovered a critical government document that was not produced by Canada, which would have changed the outcome of the case.

The document, filed as “Circular 107” by the Government of Canada, confirms that, from the outset of providing social assistance on-reserve based on provincial rates and standards in 1964, Indigenous and Northern Affairs Canada (then Indian Affairs) permitted flexibility with the application of provincial rules – exactly what the Chiefs had argued for throughout the case. Circular 107 clearly states that it was in fact, the policy of the Department to allow adaptation of provincial rates and standards so that local circumstances could be taken into account. This key document would have likely changed the outcome of the court proceedings drastically.

The Federal Court of Appeal decision, overturning the Chiefs win in the Federal Court, ruled that Department funding authorities required strict application of provincial rules and the Departm ...